Murphy v. Bolger

60 Vt. 723 (1888)

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Murphy v. Bolger

Vermont Supreme Court

60 Vt. 723 (1888)

Facts

The Bolger brothers (defendants) built a barn, the roof of which hung over the property line and above John Murphy’s (plaintiff) land. The roof’s projection was 16 feet above Murphy’s soil. Murphy brought an ejection action, seeking an order requiring the removal of the portion of the roof that crossed the property boundary. The trial court ruled in favor of Murphy. The Bolgers appealed.

Rule of Law

Issue

Holding and Reasoning (Tyler, J.)

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